IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE
By receiving, opening the file package, and/or using MovieSherlock ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Capibara your use of MovieSherlock indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Capibara grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MovieSherlock in accordance with this Agreement and any other written agreement with MovieSherlock. Capibara does not transfer the title of MovieSherlock to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Capibara and the purchasers or users of MovieSherlock.
If you do not agree to be bound by this agreement, remove MovieSherlock from your computer now.
MovieSherlock and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of MovieSherlock contact us.
3. USER AGREEMENT
Your license to use MovieSherlock is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate licensed copies of MovieSherlock.
3.2 Use Restrictions
You shall use MovieSherlock in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MovieSherlock together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MovieSherlock may be used on one single computer location by multiple user. Use of MovieSherlock means that you have loaded, installed, or run MovieSherlock on a computer or similar device. If you install MovieSherlock onto a multi-user platform, server or network, they can share license while they are using MovieSherlock on that particular computer.
You may make a copy of MovieSherlock for backup purposes, providing you only have one copy installed on one computer. Other users may not use your copy of MovieSherlock on another computers. The assignment, sublicense, networking, sale, or distribution of copies of MovieSherlock are strictly forbidden without the prior written consent of Capibara. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MovieSherlock unless you have a written agreement with Capibara stating otherwise.
You may not download content you are not allowed to by any applicable laws. You may only use this software to download content you own or were given permission to.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MovieSherlock. Nor can you create any derivative works or other works that are based upon or derived from MovieSherlock in whole or in part.
Copyright law and international copyright treaty provisions protect all parts of MovieSherlock, products and services. No program code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Capibara.
3.4 Limitation of Responsibility
In no event (including, without limitation, in the event of negligence) will Capibara, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MovieSherlock or the use or inability to use MovieSherlock or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Capibara's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Capibara) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Capibara.
Except as expressly stated in writing, Capibara makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MovieSherlock and destroy all copies of MovieSherlock supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MovieSherlock AS WELL.
MovieSherlock developers and Capibara and any of the employees in no way can be responsible if you chose redistributed saved licensed content.
5. CONSENT OF USE OF DATA
You agree that Capibara may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MovieSherlock. Capibara may also use this information to provide notices to you which may be of use or interest to you.